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  • Berkeleybee
    04-26 11:45 AM
    BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.

    It was their post on the forum (see http://immigrationvoice.org/forum/showthread.php?t=453) pointing out Mitra Kalita's Q&A on the Wash Post site that set this whole ball rolling.

    It is just one example of how every member can do his or her part to help us.

    Keep the spirit up!

    best,
    Berkeleybee





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  • RDB
    08-03 08:01 PM
    True - that's exactly what the Adjudicating Officer told me today when I went in for the Interview :)......They want to avoid another July 2007.

    So, for efficiency, they are just pre-adjudicating some of the applications; so that, they don't get overwhelmed when dates move forward - they simply have to press the button for 'Card production ordered' message!

    In fact, the officer told me that he has 'approved' my application and will have to just wait for the dates to become current to get the actual plastic - also for fyi.....they can also deny the application instantly or request more evidence or call for a follow up interview. They actually give you a letter indicating what happened during the interview (it obviously doesn't say your application is approved - but it will explicitly say whether your application needs a follow up interview or additional evidence).





    Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated.

    I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.





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  • ita
    11-08 05:18 PM
    Happy Deepavali to everyone.





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  • funny
    09-26 03:15 PM
    .



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  • franklin
    09-20 03:34 PM
    Agreed - everyone, lets put this to rest.

    I did not mean any offense to people who couldn't attend attend for valid reasons, more those that didn't care at all to help.





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  • shimul99
    10-25 03:51 PM
    I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.

    Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....


    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.



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  • chinna2003
    06-03 12:16 PM
    From reading all the testimonies , I didnot see any argument of unfairness to employment based immigrants.
    Senate was interested in hearing the plight of a gay american citizen who could not live with his gay partner because his student visa was refused on reentry from Brazil and this gentleman couldnot sponsor him as a family member because the immigration act doesnt recognize gay partners as family members.
    I suppose being a gay is going to be a much faster way to becoming a legal permanet resident rather than being a highly skilled indian immigrant.





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  • indianabacklog
    06-18 02:00 PM
    USCIS issues Employment Authorization Documents (EAD) in the following categories:



    EAD: This document proves you are allowed to work in the United States.
    Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
    Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
    Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.

    If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???

    I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.

    I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.



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  • miguy
    06-18 03:17 PM
    She will be in AOS Pending status after Oct 1st, 2007 due to pending I-485 application. EAD does not provide any status.

    What is your status? I assume H1-B. You can file for H1 and H4 extensions.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002


    I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)





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  • Macaca
    06-15 02:41 PM
    As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."

    Some unused EB #s were recaptured for families in following year. For example, in 1994 there were 29,430 (column 2) unused EB #s. However, 27,721 (= 253,721 (column 3) - 226,000 (family quota)) of these #s were recaptured for families. Thus, only 29,430 - 27,721 = 1,709 (column 4) were un-recaptured.

    Also, 50,000 unused EB #s from 01-04 were recaptured for Schedule A.

    Finally, unused EB #s in 99 and 00 were recaptured, hopefully for EB.

    Thus, unused EB #s are more important then un-recaptured EB #s (mentioned above) since some of them have not been recaptured for EB.

    The unused EB #s is 506,384 (total column 2) - 98,941 (99 recaptured for EB) - 31,098 (00 recaptured for EB) = 376, 345



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  • factoryman
    06-18 05:24 PM
    and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?





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  • abc1125
    09-26 02:38 PM
    I filed mine in July and still dont have the AP renewal yet. Its coming close to 90 days. does anyone know what I can do after the 90 day period to get my AP? is there such a thing as an interim AP or an expedited process after 90 days from the notice date?



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  • srt57
    02-08 08:07 PM
    So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:

    - MS+0 / No BS requirement
    - MS+0 / BS+5

    And by better I mean less chance of an audit or proof of business necessity requirements.





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  • PresidentO
    04-02 01:11 PM
    Gulti mentality was something that guy(malibuguy) was talking about . Thats what i meant by Gulti mentality . I just started with a simple question "WHATS THE MOTIVATION FOR CONTRIBUTION(MONEY AS WELL AS TIME) FOR PEOPLE WHO HAVEN'T APPLIED FOR GC " !! Was that offensive ? I don't need answers for specific questions. I just need to know what IV is all about ? ? BTW, i have balls to ask anything to anybody if it makes sense(immigration officer is not making rules) .

    Can you enlighten us what exactly is the so called mentality? oh well dont worry. We know what it is and it is your obtuse vision of certain community. Just because he does not think being on H4 is hell and just because he asked you to look around on the forums for an answer, you utter ethnic slurs and paint a whole community as one that lacks pride?? So much for your education and your work at the world's largest SC firm. If you read the mission or goal statement for a second on IV home page, you would have figured what IV is mainly working on. On the motivation Q, sitting at home itself is a motivation. What else do you need to get out there and work for a provision that will help your family and many others to come. you guys can work on the issue and get a provision that wil help your family and other families in the future from the inability to work or else you can continue bitching and moaning about how it is a loss of self esteem, which IMO is lack of self esteem. Choice is yours

    Please stop hijacking the thread with useless ethnic slurs and equating H1 with slavery. Enough I guess you got the answer to your Q from the man himself and others too.

    Malibuguy post 1

    I agree we should keep the momentum going and achieve 10K this month as well.

    My contribution of $25 Using the Donate Now button

    Malibuguy post 2

    We should try and get at least $500 today to get the momentum going.

    Malibuguy post 3

    Zen, the point is very simple. If you believe in this organization and what it does then you will donate knowing that IV needs the money to lobby for you, me and everyone else who is part of the community.

    Lobbying is a very sensitive issue and it is not always possible for the persons involved to give you daily updates. Rather disclosing too much before time can have the opposite effect with people interested in lobbying against our interest mobilizing more aggressively.

    Also bills are introduced all the time and there is not always enough time to hold funding drives to lobby for and against those bills. Moreover lobbying with the congress and senate is an on going effort and will require resources anyways.

    However if you feel you want to be in the thick of things and know everything that is going on, then I guess joining your state chapter and being an active member can help you get some additional info. I believe volunteering your time is a lot more useful for the community than only money and if you can do that, all the power to you. I for one try and make my contributions to help those guys who are taking the pains to do all the work which benefits all of us

    Malibuguy post 4 (direct response to you)
    Not sure why you would generalize all H1b holders as experiencing hell - I for one did not. Anyways if you take the time to browse the forums you will find the answer to your question.



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  • rkg000
    08-25 01:09 PM
    Bump





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  • sunny1000
    07-06 03:13 PM
    Yes. everyone must read those posts before they start giving their expert opinion for or against something.

    Can someone post the link for the above posts by the core members?

    Thanks.



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  • abc1125
    09-26 02:38 PM
    I filed mine in July and still dont have the AP renewal yet. Its coming close to 90 days. does anyone know what I can do after the 90 day period to get my AP? is there such a thing as an interim AP or an expedited process after 90 days from the notice date?





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  • GCVictim
    08-18 11:45 AM
    I applied on June/25/2008 (Efilling) for me and spouse. My receipt date was on June/26/2008 for both EAD and AP. Still waiting for approval.

    Mine NSC. Don't know when it will be approved,

    Does anyone know, NSC working on EAD , AP and 485?
    Please share your info.





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  • ilikekilo
    05-13 01:41 PM
    chandu, would u mind sharing what the company u are working or worked for? so that we wont be facing hte same in the future





    tiinap
    09-25 06:54 PM
    I support this idea of a Silicon Valley rally. I also think that for our next rally we first need need some new concept or central idea that will make us heard loud and clear and get even more national attention. I guess we all agree that the next rally shouldn't be simply a repeat of DC in a different location, but in some way take things to the next level.

    Our ranks are much smaller than the 12 million illegal immigrants, so we cannot get noticed based on sheer numbers alone. To get attention we need original & effective ideas. Like the flower campaign.

    One idea that we could use in our next rally is to ask each participant to come with a sign that reads "Waiting since (year)" where the date is when you first came to the US as a student or H1 or J1. In my case that's 1999 and I'm not even able to get in line for a green card.





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